Eslinger v. Pratt
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. John A. Street, Judge. [Respondent filed an affidavit to obtain an alternative writ of mandate, claiming that his dismissal from the police force was wrong, as the board of police and fire commissioners had not adopted any rules at the time of the dismissal. The board were equally divided on the adoption of rules.
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Appeal from the Third district court, Salt Lake county. Hon. John A. Street, Judge. [Respondent filed an affidavit to obtain an alternative writ of mandate, claiming that his dismissal from the police force was wrong, as the board of police and fire commissioners had not adopted any rules at the time of the dismissal. The board were equally divided on the adoption of rules. Tbe case further shows that the respondent applied to be reinstated after the dismissal and that the board refused to reinstate. The writ was issued and the appellant as chief of police demurred and answered, and on the…
1Opinion of the Court
Miner, J.:
The respondent filed an affidavit in the court below to obtain an alternative writ of mandate. It appears from the affidavit that on May 9, 1896, the respondent was á policeman and sergeant of police of Salt Lake Oity; that the board of-police a-nd fire commissioners of Salt Lake City was duly appointed and organized under the act oí the legislature approved March 30,1896; that said board have not formulated, adopted, or promulgated any rules or regulations, as provided by section 10 of said act, under which the chief of police could lawfully act, and that no such rules are in…
2Cases cited1 opinion
- Emma B. C. Thompson v. Richard RoeSupreme Court of the United States · 1860
3Cited by3 opinions
- Alsop v. PierceSupreme Court of Florida · 1944
- Purcell v. WilkinsUtah Supreme Court · 1921
- Casper v. City of Los AngelesCalifornia Superior Court · 1925